News & Analysis as of

Insurance law-news Civil Procedure

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Woods Rogers

Contractor’s $25M Insurance Claim Waived Because of Untimely Notice to Insurer

Woods Rogers on

A recent holding in Fairfax County Circuit Court reinforces the importance of contractors giving timely claim notice to their insurers. The case, St. Paul Fire and Marine Ins. Co. v. HITT Contracting, Inc., decided on...more

Conyers

Segregated Portfolio Companies: Cayman Courts Upholding the Segregated Principle

Conyers on

A Segregated Portfolio Company (SPC) provides for the protection of the assets held under one portfolio by ring-fencing them from the liabilities of other portfolios in the same company. SPCs were introduced in the Cayman...more

Marshall Dennehey

Appellate Court Finds No Settlement Contract Due to Carrier’s Conditional Settlement Offer and Failure to Finalize Performance...

Marshall Dennehey on

Esther Lorenzo v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 3d DCA, No. 3D23-2105, October 30, 2024 - The Third District Court of Appeals reversed the trial court’s order granting the homeowners’ motion to enforce a...more

Marshall Dennehey

Court Finds Contract Invoking Direction to Pay is an Assignment and Subject to Requirements for Assignments in Florida Statute §...

Marshall Dennehey on

Holding Insurance Companies Accountable, LLC. A/A/O Stephen Wells v. American Integrity Insurance Company of Florida, Circuit Court, 5th Judicial Circuit in and for Lake County, Civil Division, Case No. 2021-CA-00523 - The...more

Marshall Dennehey

Fifth District Court of Appeal Found It Was Error to Apply §627.70152 Retroactively to the Policy in This Case and Reversed the...

Marshall Dennehey on

The insureds filed a breach of contract lawsuit against their homeowner insurance carrier in April 2022 for damage that occurred at their property in November 2020. Nine months prior to the insureds’ filing their lawsuit,...more

Marshall Dennehey

Florida’s Third District Court of Appeal Reverses Five Interlocutory Orders in Favor of the Appellees, Leading to a Reversal of...

Marshall Dennehey on

Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024 - Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and...more

Jackson Lewis P.C.

Health and Welfare Plans: Recent Topics in Year-End Compliance

Jackson Lewis P.C. on

As we bid farewell to 2024 and look ahead to the new year, we reflect on the many evolving compliance obligations that health and welfare plan sponsors tackle each year. Although this list is by no means exhaustive, it...more

Tyson & Mendes LLP

Shining Light on Phantom Medical Bills–Lessons from Washington on Using Federal Hospital Price Transparency Rules to Fight Back

Tyson & Mendes LLP on

How many of you reading this have had this experience: you get a settlement demand with hundreds of thousands of dollars in claimed hospital bills, but the actual amount owed by the claimant is redacted, or you are told by...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

Marshall Dennehey on

1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

Marshall Dennehey on

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

Marshall Dennehey on

1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Vorys, Sater, Seymour and Pease LLP

Telehealth Services Safe Harbor for High Deductible Health Plans Expires December 31, 2024

On December 21, 2024, President Biden signed into law the American Relief Act, 2025 (2025 Relief Act), which funds the federal government through March 14, 2025, and provides certain disaster relief provisions and other...more

Jackson Lewis P.C.

Affordable Care Act Reporting Changes: Good News for Plan Sponsors

Jackson Lewis P.C. on

Congress recently passed the Employer Reporting Improvement Act and the Paperwork Burden Reduction Act (the Acts), which are now awaiting President Biden’s signature. The Acts, among other things, introduce several...more

Tyson & Mendes LLP

Audish v. Macias Builds Upon the Foundation Started in Howell v. Hamilton Meats & Provision, Inc.

Tyson & Mendes LLP on

Earlier this year, the Fourth District Court of Appeal decided Audish v. Macias. This groundbreaking case builds upon the foundation started in Howell v. Hamilton Meats & Provision, Inc. by clarifying the application of the...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

Tyson & Mendes LLP on

This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

Marshall Dennehey on

1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

Greenbaum, Rowe, Smith & Davis LLP

The CMS Managed Care Final Rule: Access Standards, Consumer Surveys, Payment Standards and More for Managed Medicaid and CHIP

Greenbaum healthcare attorneys Neil M. Sullivan and Jennifer A. Belardo analyze the CMS’s Medicaid and Children’s Health Insurance Program (CHIP) Managed Care final rule – and its impact on states, healthcare providers, and...more

Mintz - Health Care Viewpoints

California Health Care Legislative Update: Winter 2024

Governor Newsom signed over 1300 bills and vetoed almost 190 bills in 2024. Consistent with prior years, in 2024, California enacted multiple laws significantly impacting the health care industry. From artificial intelligence...more

Davis Wright Tremaine LLP

Effective Care: California Left Behind as Other States Expand Hospital at Home Programs

Hospital at Home (“HaH”) programs received renewed interest during the COVID-19 pandemic as a way to relieve hospital capacity issues and allow patients to receive effective care outside of the traditional hospital setting....more

Lowenstein Sandler LLP

Taking the Right Steps To Navigate the Consent To Settle Provision in an Insurance Policy and Maintaining the Right to Coverage...

Lowenstein Sandler LLP on

Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter or has failed to...more

The Wagner Law Group

IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees

The Wagner Law Group on

In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in Internal Revenue Code (“Code”) Section 403(b) plans subject...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The Medicare Advantage Program: Public Money & Private Insurance Companies

When I investigated and litigated False Claims Act (FCA) cases at the U.S. Department of Justice (DOJ) over the last 10 years, I was often surprised by just how little I knew about the broad array of government agencies and...more

Akerman LLP

Hawai’i Supreme Court Addresses Insurance and Climate Change Litigation: “Occurrence” Requirement Met, but Pollution Exclusion...

Akerman LLP on

In Aloha Petroleum Ltd. v. National Union Fire Insurance Company of Pittsburgh (Aloha), the Supreme Court of Hawai’i held that, while the climate change litigation satisfied the “occurrence” requirement, greenhouse gases...more

Goldberg Segalla

Gov. Hochul Vetoes Bill Aimed at Expanding Potential Compensation in Wrongful Death Claims

Goldberg Segalla on

For the third straight year, New York Governor Kathy Hochul vetoed the “Grieving Families Act,” which would have updated New York’s wrongful death law for the first time in over 175 years....more

K&L Gates LLP

ASIC Puts Insurers on Notice

K&L Gates LLP on

ASIC has recently published its findings following an investigation into the insurance industry’s level of compliance with internal dispute resolution (IDR) obligations. Report 802 Cause for complaint: Complaints handling in...more

20,180 Results
 / 
View per page
Page: of 808

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide